Le 19 June 2019
Temps de lecture: 20 min.

Introduction 

The Conseil Interprofessionnel du Vin de Bordeaux (Bordeaux Wine Council – “CIVB“) is an organization created by the Law of 18 August 1948 amended by Decree 2016-915 of 4 July 2016. Among its activities, le CIVB manages the Ecole du Vin de Bordeaux (“EVB” – Bordeaux Wine School).

In order to promote the EVB and the diversity of Bordeaux wines, the CIVB operate a website available at the URL www.ecoleduvindebordeaux.com (the “Site“), for (i) booking training programs taught by EVB partners, (ii) organizing training programs taught by accredited professionals and (iii) purchasing products related to the EVB and Bordeaux wines.

Training programs available on the Site are taught by EVB partners and accredited Third-Party Tutors.

Use of the Site is restricted to persons aged 18 and over. In this regard, each Accredited Tutor must certify, before entering the Site, that they have reached the legal age to consume alcoholic beverages stipulated by current legislation in their country of residence.

These general terms and conditions of use govern the use of the Site by self-employed workers listed as accredited tutors on the Site.

Article 1: Definitions

The following definitions are applicable to the present general terms and conditions of use and sale (the “T&Cs“):

  • Beneficiary: any person who has received a Gift Voucher for a Training Program.
  • Candidate: self-employed workers who have applied to become an Accredited Tutor on the Site.
  • CIVB: Conseil Interprofessionnel du Vin de Bordeaux (“CIVB” – Bordeaux Wine Council), Site operator.
  • Order: all purchases of Product(s), Training Program(s) and/or Gift Voucher(s) made on the Site. 
  • Tutor’s Section: personal section of the Site available to Accredited Tutors once they have become accredited.
  • User Account: personal section created by Accredited Tutors, which grants them “Member” access to the Site.
  • Delivery Time: the period between the date the order is approved and the delivery of the Order to the Member or Beneficiary.
  • E-Shop: the section of the Site where the CIVB offers various products for sale relating to Bordeaux wines.
  • Tutor E-Shop: the section of the Site where the CIVB offers various products for sale for tutors’ activities relating to Bordeaux wines.
  • EVB: Ecole du Vin de Bordeaux (Bordeaux Wine School -EVB). 
  • Accredited Tutor(s): self-employed worker(s), operating legally in France or abroad, qualified by the Site who offer one or several Third Party Training Programs to Members via the Site. 
  • EVB Tutors: a partner tutor of the EVB, selected by the CIVB to teach one or several Bordeaux Wine School Training Programs.
  • Training Program(s): refers jointly to the EVB Training Programs and Third Party Training Programs available on the website, which Members may sign up for.
  • Bordeaux Wine School Training Program(s): Training Program(s) taught by the EVB which Members may sign up for. 
  • Third Party Training Programs: Training Program(s) taught by Accredited Tutors and referenced on the Site, which serves as a networking platform that the Member may sign up for. 
  • Delivery Charges:  costs incurred by the CIVB for transporting a Product to the delivery address indicated by the Member.
  • Delivery: the shipment of a Product or Gift Voucher to a Member.
  • Member: the website user who has created an account on the Site.
  • Delivery Method: all delivery methods for Products and Gift Vouchers, available on the Site at the time the order is placed.
  • Price: the unit value of a Product, Training Program, or Gift Voucher including all taxes, excluding Delivery Charges.
  • Final Price: Price including the Delivery Charges (where appropriate).
  • Product: all articles available for sale on the E-Shop (promotional items related to Bordeaux wines, Gift Vouchers).
  • Site: Site which can be accessed via the following URL www.ecoleduvindebordeaux.com, managed by the CIVB.

Article 2: Purpose and scope of T&Cs

The CIVB manages the Site enabling the reservation of Training Programs related to Bordeaux wines and the purchase of products promoting the diversity of Bordeaux wines.

The purpose of these T&Cs is to define the terms of access to and use of the Site, as well as the respective rights and obligations of the Accredited Tutors and the CIVB.

The present T&Cs are applicable to all sales of Products and/or Training Programs and/or Gift Vouchers made via the Site. 

Before confirming the creation of their Account, the Accredited Tutor must read the T&Cs and confirm their consent by clicking on “Accept”. The validation of the creation of an Account therefore constitutes acceptance without restriction or reserve of these T&Cs.

Article 3: Implementation, duration and modifications of the T&Cs

3.1 Implementation and duration of the T&Cs

The T&Cs are agreed for an indefinite period, and are applicable as soon as they are accepted by the Accredited Tutor.

The Accredited Tutor and the CIVB may terminate the T&Cs, without notice or compensation, via email notification. 

The termination of the T&Cs shall take effect immediately subject to full and complete compliance to the commitments that were previously made, particularly the payment of ordered Products and the completion of the scheduled Third Party Training Programs. Upon termination of the T&Cs, the Accredited Member Tutor will no longer be able to access their Account and can no longer offer Third Party Training Programs on the Site.

3.2 Modifications of the T&Cs

To improve performance and quality, the CIVB continues to develop the Site’s features and settings.

The CIVB reserves the right to unilaterally modify the present T&Cs concerning the technical aspects of the Site, provided that there is no increase in price or deterioration in quality, and that the features determining the Accredited Tutor’s commitment were included in the T&Cs. 

With regard to other modifications to the T&Cs, the CIVB must inform the Accredited Tutor, by any means necessary, at least one week before they come into effect.

The changes will be considered to have been read and accepted unless they are otherwise contested by the Accredited Tutor within this period. In the event of an objection or refusal of the modifications, the T&Cs shall immediately be terminated and the Accredited Tutor will no longer be able to use the Site, with the exception of using the Site for the purpose of fulfilling the commitments that were previously made, particularly the payment of ordered Products and the completion of scheduled Training Programs.

Article 4: Creating a User Account

To book a Training Program, access the E-Shop, or submit an application to become an Accredited Tutor, the Candidate must first create a User Account.

The Candidate must be of legal age to create a User Account. The legal age refers to that prescribed by current legislation in the Candidate’s country of residence.

In order to log into their account, candidates will be asked to provide necessary information to create an account, particularly relating to their legal status.

The candidate will be asked to complete all mandatory fields and to confirm that all information in the application form is accurate and is not misleading or ambiguous. Incomplete applications will not be validated.

The candidate undertakes to update the information contained in their User Account in the event of any relevant changes.

When creating their User Account, the Candidate will be asked to choose an email address that will serve as a user name and password that will enable them to log in.

Before completing their User Account registration, the Candidate will be asked to accept the T&Cs. The Candidate will be offered the choice to accept or decline the T&Cs.

Once they have accepted the terms and conditions, the Candidate will receive an email confirming the creation of their User Account.

Article 5: Tutor accreditation and accessing the Tutor’s Section

In order to become an Accredited Tutor and thus be able to (i) offer Third Party Training Programs on the Site and (ii) make purchases on the Tutor’s E-Shop, the Candidate must follow a qualification process by completing the following steps: 

  • Create a User Account and fill in the questionnaire on the Site. 
  • In the event of the successful completion of the online questionnaire on the Site and the validation of the other parts of the application by the CIVB, the Candidate will be invited to take part in a week of training and visits to Bordeaux wine estates organized in conjunction with the EVB. In order to take part, they will be asked sign up using their User Account on the Site.
  • At the end of the week of training and visits, the Candidate will sit an exam, the successful completion of which will determine their accreditation.
  • Successful Candidates will receive their accreditation by email within three weeks.
  • The Site will then activate the Tutor’s Section, which the Accredited Tutor can access via their User Account.
  • The Accredited Tutor will be asked to fill in mandatory information to create their Accredited Tutor profile.
  • In order to access the features available in the Tutor’s Section (Accredited Tutor profile, Tutor E-Shop, propose Third Party Training Programs), the Accredited Tutor must accept the T&Cs.

Article 6: Purchasing Products on the Tutor E-Shop

6.1. Ordering Products 

Products displayed in the Tutor E-Shop are only available for purchase by Accredited Tutors. 

The Accredited Tutor will be asked to select the Product(s) in the quantity of their choice and add them to their basket. 

To finalize their Order, the Accredited Tutor must accept the T&Cs in order for the Delivery Charges to be included in the Final Price. They will then be able to confirm their Order and proceed to payment. 

Once the Order has been confirmed, the Accredited Tutor will receive an order confirmation by email.

The CIVB undertakes to fulfil the Order subject to Product availability.

In the event that the Products are unavailable, the CIVB will inform the Accredited Tutor. 

The CIVB reserves the right to cancel or decline any Order from a Customer, if the Order is unusual, if the order is placed in bad faith, or for any other legitimate reason, particularly in case of a dispute with the Accredited Tutor concerning the payment of a previous order.

6.2. Product Prices

The Prices of Products sold on the Tutor E-Shop are indicated per item and reference or per service and reference. 

Upon confirmation of the Order, the price to be paid is the Final Price. 

The telecommunications costs inherent to accessing the Site remain the exclusive responsibility of the Accredited Tutor. 

The validity period of offers and Prices is determined in accordance with those listed on the most up-to-date version of the Site.

All customs fees remain the responsibility of the Accredited Tutor. 

6.3.  Terms of payment

Accredited Tutors may pay the Final Price by bank card. 

By submitting their bank card information, the Accredited Tutor authorizes the CIVB to debit their bank card for the amount corresponding to the Final Price. 

The Accredited Tutor therefore confirms that they are the holder of the bank card to be debited and that their name is the same as the one that appears on the bank card The Accredited Tutor will be asked to enter the sixteen digits on the bank card and the expiration date, as well as the security code, where applicable. 

In the event that it is impossible to debit the Final Price, the Order will be cancelled and the sale will automatically be terminated.

6.4. Right of withdrawal

The Accredited Tutor has the right to a withdrawal period lasting fourteen (14) days and starting from the confirmation of their order.

This right of withdrawal can be exercised by sending an email to ecole@vins-bordeaux.fr.

The Accredited Tutor will be reimbursed within fourteen (14) days following the exercise of this right.

6.5. Delivery of Products 

The Accredited Tutor will receive a confirmation email once the order has been shipped. 

Delivery times are listed on the Site and may vary depending on product availability and volumes, as well as the destination country. 

Delivery times are expressed in working days and correspond to the time required to prepare and ship the Order. 

The delivery dates are calculated as of confirmation of the order by the CIVB. 

In the event of late delivery, the Order will not be cancelled. Should such a situation arise, the CIVB will inform the Accredited Tutor by email that the Delivery is delayed. The Accredited Tutor may then decide to cancel the Order via the “My orders” tab which can be accessed from their Account. 

In the event that the Order has not yet been shipped upon receipt of the cancellation notice by the CIVB, the Delivery will be cancelled and the Accredited Tutor will be refunded the debited amount within fourteen (14) days of receipt of the cancellation notice. In the event that the Order has already been shipped upon receipt by the CIVB of the cancellation notice, the Accredited Tutor may still cancel it by refusing to accept the package or by returning it within fourteen (14) days. The CIVB will then reimburse the debited amount.

Article 7: Third Party Training Programs:

7.1. Publication of Third Party Training Programs

Once their Account has been validated, the Accredited Tutor will be able to publish a Third Party Training Program. 

In order to publish a Third Party Training, the Accredited Tutor should click on the “My Training Programs” tab and fill in the required information.

Once the Accredited Tutor has completed this information, the Site will verify the Third Party Training Program and decide within 24 hours whether or not to validate it. After this period, the Third Party program is automatically validated and published. 

The CIVB reserves the right to delete or request the modification of a Third Party Training Program if it does not comply with the values and image of Bordeaux wines. For example, Training Programs on different terroirs from those of Bordeaux wines, Training Programs containing false information about Bordeaux wines or Training Programs that question the quality of Bordeaux wines cannot be included in Third Party Training Programs.

7.2. Modifications to Third Party Training Programs

The Accredited Tutor may modify certain elements of a Third Party Training Program until a Member has signed up for it.

The following elements may be modified: title of the Third Party Training Program, description of the Third Party Training Program, number of wines to be tasted, type and level of the students, number of students.

To request a modification, the Accredited Tutor shall email the CIVB at the following address: marketplace.ecole@vins-bordeaux.fr.

The following elements may be NOT be modified: date, time, language(s) spoken during the Third Party Training Programs, price, location of the Third Party Training Program. If the Accredited Tutor wishes to modify these elements, they must delete the Third Party Training Program in question and create a new one.

7.3. Payment of Third Party Training Programs 

As an operator of an online platform, the CIVB uses the approved online payment system “Stripe Connect” to manage transactions for Third Party Training Programs.

Stripe markets a solution that manages transactions between Members, the CIVB and Accredited Tutors, who each have a payment account. Payment accounts and transactions are managed by Stripe.

Payments from Users for Third Party Training Programs are received by Stripe and placed in a reserve. On the basis of the various legal documents, particularly the User T&Cs and the Accredited Tutor T&Cs, Stripe allocates money to the various payment accounts opened for the Accredited Tutor and the CIVB, which may then be transferred to the relevant bank account.

 

The Accredited Tutor is informed that Stripe receives a commission of 1.4% of the turnover received by the Accredited Tutor in the case of payment from a Member with a European bank card, and 2.9% of the turnover received by the Accredited Tutor in the case of payment from a Member with a non-European bank card. The Stripe commission is charged to the Accredited Tutor and is deducted from the amounts allocated to the Accredited.

As specified, the CIVB covers all other costs relating to the operation of Stripe and does not take commission on the Price of Third Party Training Programs paid by Members to Accredited Tutors.

At the end of each month, the Accredited Tutor will receive a bank transfer corresponding to all payments for Third Party Training Programs completed during the month.

7.4. Cancellation of Third Party Training Programs 

The cancellation of a Third Party Training Program by the Accredited Tutor must be justified. 

7.4.1. Cancellation of a Third Party Training Program by an Accredited Tutor 

In the event that no Member has signed up for Third Party Training Program in question, the Accredited Tutor may simply delete the Third Party Training Program, which will then no longer be available on the Site. 

In the event that Members are already registered for the Third Party Training Program in question, the Accredited Tutor must notify the Members by email Third Party Training Program’s cancellation as soon as it is cancelled and at least twenty-four (24) hours before the start of the latter. If the cancellation occurs less than twenty-four (24) hours before the start of the Third Party Training Program, they must also notify them by telephone. 

The Accredited Tutor also undertakes to refund Members within sixty (60) days in accordance with the Stripe refund procedure, a copy of which is provided in their Tutor’s Section.

7.4.2. Cancellation of a Third Party Training Program by a Member 

In the event that the Member cancels their participation in the Third Party Training Program at least fifteen (15) days before the start of the relevant Third Party Training Program, the Accredited Tutor undertakes to refund all sums paid by the Member within sixty (60) days following the cancellation. 

In the event that the Member cancels their participation in the Third Party Training Program less than fifteen (15) days before the start of the Third Party Training Program in question, the reimbursement of the sums paid by the Member is at the discretion of the Accredited Tutor, both in principle and in amount. 

7.5. Evaluation of the Third Party Training Program 

At the end of each Third Party Training Program, a questionnaire is sent to participating Members so that they can share their opinion regarding the quality of the Third Party Training Program according to predefined criteria, assign a score and give feedback if necessary.

This evaluation makes it possible to give the Accredited Tutor a satisfaction score ranging from 1 to 5, which will be visible on the Site in the form of bottle symbols. Feedback from Members will not be visible on the Site but only accessible to Accredited Tutors. Feedback from certain Members may be selected by the Site for promotional purposes.

7.6. Assessment of Third Party Training Programs

Accredited Tutors can access a summary of the Training Programs carried out over the course of the year as well as further information about each one on the Site. 

Accredited Tutors can review their completed Third Party Training Programs in the Tutor’s Section.

Article 8: Intellectual property

The Site and each of its component elements, including, but not limited to, software, structures, infrastructures, databases and all types of content (text, images, visuals, logos, trademarks, etc.) used by the CIVB are protected by all applicable intellectual property rights. 

All Accredited Tutors acknowledge that the Site and all of its components, including all associated intellectual property rights, are the exclusive property of the CIVB.

Any reproduction or representation, in whole or in part, of the Site or any of its components, without the authorization of the CIVB, is prohibited.

Similarly, the Accredited Tutor shall refrain, without the prior written consent of the CIVB, from using, reproducing, adapting, modifying, creating derivative works, distributing, licensing, selling, transferring, publicly presenting, transmitting, distributing or otherwise exploiting the Site and all elements belonging to the CIVB.

Article 9: Commitments and responsibilities of Accredited Tutors

All Accredited Tutors understand and accept that they are responsible for accessing and using their Account.

The Accredited Tutor expressly undertakes to:

  • comply with all applicable laws and regulations and not upset public order, the morality or the rights of third parties and not to breach any legislative or regulatory provisions;
  • not allow any third party to use their Account;
  • not publish Third Party Training Programs whose content is incompatible with the brand image and reputation of Bordeaux wines;
  • not publish Content that is offensive, defamatory, disparaging, slanderous, contrary to morality, public order, or the rights of third parties, likely to harm the rights, reputation and image of the CIVB, Users, EVB Tutors or other Accredited Tutors;
  • not use the Site in a fraudulent manner (e.g. using a false Account or identity) and/or to harm the interests of the CIVB, Users, EVB Tutors or other Accredited Tutors;
  • not assign or transfer in any way their Account to a third party;
  • provide the CIVB with all the information necessary for the proper running of its services and to guarantee their accuracy;
  • to inform the CIVB in the event of any complication of any kind, or any problem with a User, EVB Tutor or other Accredited Tutor when using the Platform, Account or Services.

The Accredited Tutor understands and accepts that the following is strictly prohibited:

  • any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Site;
  • any intrusion or attempted intrusion into the CIVB’s system;
  • any diversion of system resources from the Account and Site;
  • any action likely to burden the Site’s digital infrastructures;
  • any breach of security and authentication measures;
  • any act likely to affect the financial, commercial or moral rights and interests of the CIVB and other Users;
  • any breach of the T&Cs;
  • any copying and/or misappropriation of the CIVB’s digital infrastructure;
  • more generally any practice that represents a misuse of the Site for purposes other than those for which it was designed.

Should the Accredited Tutor fail to comply with these obligations, the CIVB reserves the right to immediately suspend their Account and access to the Site.

Article 10: Commitments and responsibilities of the CIVB

The CIVB cannot be held responsible for any temporary difficulties or failure to access the Site or Account arising from circumstances beyond its control, force majeure, or any disruptions in the telecommunications networks.

In any event, where the CIVB may be held responsible, its liability is limited to certain direct and foreseeable damages. For damages resulting from a breach by the CIVB, the compensation due to the Accredited Tutor, in the event that their liability is directly incurred and proven, shall be strictly limited to the cost incurred by the Accredited Tutor. 

The Site may contain links to other sites and/or applications that the CIVB does not operate. The CIVB cannot be held responsible in any way for the content of such sites and/or applications, which are neither verified nor approved by it.

The CIVB cannot under any circumstances be held responsible for the content published by Users, EVB Tutors or Accredited Tutors, and in particular for the content of Third Party Training Programs, whereby the CIVB’s liability is limited to its role as an operator of the online platform.

Article 11: Personal data 

The CIVB attaches great importance to Users’ personal data and compliance with applicable rules, in particular (EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR). 

To learn more about the processing and security of personal data by the CIVB, the Accredited Tutor may consult the CIVB Privacy Policy on the Site.

Article 12: Miscellaneous 

In the event that one of the clauses of the T&Cs is declared null and void by a change in legislation, regulation or court decision, this shall in no way affect the validity of the other clauses and compliance with the T&Cs.

Failure by the CIVB or an Accredited Tutor to exercise the rights granted to them under the T&Cs does not constitute a waiver of the right to exercise them.

Article 13: Dispute settlements

13.1. Applicable law

The T&Cs are governed by and interpreted in accordance with French law. 

13.2. Amicable resolutions

In the event of a dispute, the Accredited Tutors and the CIVB shall undertake to seek an amicable resolution. In the event of a complaint, the Accredited Tutor undertakes to contact the CIVB by email at the following address: support.ecole@vins-bordeaux.fr

13.3. Competent jurisdiction

Accredited Tutors and the CIVB undertake to submit any dispute or controversy relating to the validity, interpretation, execution and/or termination of the T&Cs to the jurisdiction of the Bordeaux Trade Tribunal.

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